(a) The commission or executive director may sanction
a license holder, applicant, or other person, if the person:
(1) obtains or attempts to obtain a license by fraud
or false representation;
(2) falsifies any document submitted to the department
or commission;
(3) refuses to permit or fails to cooperate in an inspection
or investigation; interferes with an inspection or investigation conducted
by an authorized representative of the commission or department; or
threatens or intimidates an authorized representative of the commission
or department in connection with an inspection or investigation;
(4) permits the use or display of a license by a person
not authorized by law to use that license;
(5) has a conviction, a deferred adjudication, or other
criminal history that affects license eligibility as prescribed under
Subchapter D; or
(6) violates Texas Occupations Code, Chapter 51, a
law establishing a regulatory program administered by the department,
or a rule or order of the commission or the executive director.
(b) The commission or executive director may:
(1) issue a written reprimand;
(2) revoke, suspend, or deny the person's license;
(3) place on probation a person whose license has been
suspended or revoked;
(4) issue a restricted license to the person in accordance
with Texas Occupations Code, Chapter 51, Subchapter G;
(5) refuse to renew the person's license;
(6) impose administrative penalties against the person
after considering the factors set forth in Texas Occupations Code §51.302(b);
or
(7) take any combination of actions under paragraphs
(1) - (6).
(c) If the suspension or revocation of a license is
probated, the commission or executive director may require the person
to:
(1) report regularly to the department on matters that
are the basis of the probation;
(2) limit practice to the areas prescribed by the commission
or executive director;
(3) complete professional education until the person
attains a degree of skill satisfactory to the commission or executive
director in those areas that are the basis for the probation; or
(4) complete any other remedial actions agreed to by
the parties.
(d) If a person has outstanding administrative penalties,
the department may place a hold on the person's license and the person
may not renew the license until the administrative penalties are paid.
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Source Note: The provisions of this §60.23 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective February 1, 2020, 45 TexReg 533; amended to be effective January 1, 2023, 47 TexReg 8627 |